Creditors' committees in restructuring

The early creation of a formal or informal/ad hoc creditors' committee (or steering committee) assists negotiations between the debtor company and its creditors (see Practice Notes: Informal creditors' committee in a restructuring and Formal creditors' committee in a restructuring).

The committee is usually formed of creditors within the same class.

Various types of committee include:

  1. senior creditors' committee

  2. bondholders' committee

  3. unsecured creditors' committee

Informal bondholder committees can be particularly litigious on questions of valuation

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Latest Restructuring & Insolvency News

Commercial Court gives guidance on pleading and proving claims under section 423 of the Insolvency Act 1986 (Invest Bank PSC v El-Husseini)

Restructuring & Insolvency analysis: The Commercial Court dismissed a claim under section 423 of the Insolvency Act 1986 (IA 1986) that the first defendant (Mr El-Husseini) had transferred valuable assets to eight transferee defendants, being his family members, companies under their control and a discretionary trust, with the purpose of putting the assets beyond reach of the claimant (Invest Bank) as a potential creditor. The court held that the allegations advanced at trial were of serious wrongdoing amounting to dishonest behaviour or disreputable conduct which accordingly required a clear pleading of a sufficiently cogent case. Invest Bank had not properly pleaded in its particulars of claim the primary facts on which it sought to rely at trial in raising its case based on inference against the defendants. A positive case as to the financial difficulties of one of the key companies was only raised in a reply to the defence of one of the eight defendants. In any event, without expert accountancy evidence as to the state of finances of the key companies the court could not draw any inferences as to Mr El-Husseini’s purpose. The court also declined to draw adverse inferences from Mr El-Husseini’s failure to participate in the proceedings after a failed jurisdiction challenge, and he gave guidance on the law and practice in that regard. Written by Tiffany Scott KC, barrister at Wilberforce Chambers.

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